Utah Code § 58-28-307

Current through the 2024 Fourth Special Session

Section 58-28-307 - Exemptions from chapter

In addition to the exemptions from licensure in Section 58-1-307 this chapter does not apply to:

(1) an individual who practices veterinary medicine, surgery, or dentistry upon any animal owned by the individual, and the employee of that individual when the practice is upon an animal owned by the employee's employer, and incidental to employment, except:

(a) this exemption does not apply to an individual, or the individual's employee, when the ownership of an animal was acquired for the purpose of circumventing this chapter; and

(b) this exemption does not apply to the administration, dispensing, or prescribing of a prescription drug, or nonprescription drug intended for off label use, unless the administration, dispensing, or prescribing of the drug is obtained through an existing veterinarian-patient relationship;

(2) an individual who as a student at a veterinary college approved by the board engages in the practice of veterinary medicine, surgery, and dentistry as part of the individual's academic training and under the direct supervision and control of a licensed veterinarian, if that practice is during the last two years of the college course of instruction and does not exceed an 18-month duration;

(3) a veterinarian who is an officer or employee of the government of the United States, or the state, or its political subdivisions, and technicians under the veterinarian's supervision, while engaged in the practice of veterinary medicine, surgery, or dentistry for that government;

(4) an individual while engaged in the vaccination of poultry, pullorum testing, typhoid testing of poultry, and related poultry disease control activity;

(5) an individual who is engaged in bona fide and legitimate medical, dental, pharmaceutical, or other scientific research, if that practice of veterinary medicine, surgery, or dentistry is directly related to, and a necessary part of, that research;

(6) a veterinarian licensed under the laws of another state rendering professional services in association with licensed veterinarians of this state for a period not to exceed 90 days;

(7) a registered pharmacist of this state engaged in the sale of veterinary supplies, instruments, and medicines, if the sale is at the registered pharmacist's regular place of business;

(8) an individual in this state engaged in the sale of veterinary supplies, instruments, and medicines, except prescription drugs which must be sold in compliance with state and federal regulations, if the supplies, instruments, and medicines are sold in original packages bearing adequate identification and directions for application and administration and the sale is made in the regular course of, and at the regular place of business;

(9) an individual rendering emergency first aid to animals in those areas where a licensed veterinarian is not available, and if suspicious reportable diseases are reported immediately to the state veterinarian;

(10) an individual performing or teaching nonsurgical bovine artificial insemination;

(11) an individual affiliated with an institution of higher education who teaches nonsurgical bovine embryo transfer or any technician trained by or approved by an institution of higher education who performs nonsurgical bovine embryo transfer, but only if any prescription drug used in the procedure is prescribed and administered under the direction of a veterinarian licensed to practice in Utah;

(12)

(a) the practice of animal chiropractic by a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act, who has been certified by the American Veterinary Chiropractic Association for performing chiropractic on an animal;

(b) upon written referral by a licensed veterinarian, the practice of animal physical therapy by a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act, who has completed at least 100 hours of animal physical therapy training, including quadruped anatomy and hands-on training, approved by the division;

(c) the practice of animal massage therapy by an individual who has completed at least 60 hours of animal massage therapy training in areas specified by the division in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

(d) upon written referral by a licensed veterinarian, the practice of acupuncture by an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act, who has completed a course of study on animal acupuncture approved by the division;

(13) unlicensed assistive personnel performing duties appropriately delegated to the unlicensed assistive personnel in accordance with Section 58-28-502;

(14) an animal shelter employee who is:

(a)

(i) acting under the indirect supervision of a licensed veterinarian; and

(ii) performing animal euthanasia in the course and scope of employment; and

(b) acting under the indirect supervision of a veterinarian who is under contract with the animal shelter, administering a rabies vaccine to a shelter animal in accordance with the Compendium of Animal Rabies Prevention and Control;

(15) an individual providing appropriate training for animals; however, this exception does not include diagnosing any medical condition, or prescribing or dispensing any prescription drugs or therapeutics;

(16) an individual who performs teeth floating if the individual:

(a) has a valid certification from the International Association of Equine Dentistry, or an equivalent certification designated by division rule made in collaboration with the board, to perform teeth floating;

(b) administers or uses a sedative drug only if the individual is under the direct supervision of a veterinarian in accordance with Subsection 58-28-502(2)(a)(iv); and

(17) an individual testing a bovine for pregnancy if the individual has:

(a) obtained a masters degree or higher in animal reproductive physiology; and

(b) completed at least eight hours of continuing education on animal reproductive physiology within the previous two-year period.

Utah Code § 58-28-307

Amended by Chapter 455, 2024 General Session ,§ 1, eff. 5/1/2024.

Amended by Chapter 62, 2023 General Session ,§ 1, eff. 5/3/2023.

Amended by Chapter 240, 2021 General Session ,§ 1, eff. 5/5/2021.

Amended by Chapter 177, 2019 General Session ,§ 2, eff. 5/14/2019.

Amended by Chapter 191, 2014 General Session ,§ 2, eff. 5/13/2014.

Amended by Chapter 278, 2013 General Session ,§ 36, eff. 5/14/2013.

Amended by Chapter 220, 2009 General Session